WVC 29 A- 3 B- 9
§29A-3B-9. Submission of legislative rules to the Legislative
Oversight Commission on Education Accountability.
(a) When the board proposes a legislative rule, the board
shall submit the following to the Legislative Oversight Commission
on Education Accountability: (1) The full text of the legislative
rule as proposed by the board and filed with the office of the
Secretary of State, with new language underlined and with language
to be deleted from any existing rule stricken through but clearly
legible; (2) a brief summary of the content of the legislative rule
and a description and a copy of any existing rule which the agency
proposes to amend or repeal; (3) a statement of the circumstances
which require the rule; (4) a fiscal note containing all
information included in a fiscal note for either house of the
Legislature and a statement of the economic impact of the rule on
the state or its residents; and (5) any other information which the
commission may request or which may be required by law.

(b) At its discretion, the board may meet the filing
requirement of subsection (a) of this section using either of the
following methods:

(1) By submitting twenty copies of the proposed rule to the
Legislative Oversight Commission on Education Accountability at its
offices or at a regular meeting of the commission; or

(2) By submitting the proposed rule electronically to the
Legislative Oversight Commission on Education Accountability.
Proposed rules submitted electronically shall be transmitted in a timely manner, shall contain all required information and shall be
compatible with computer applications in use by the Legislative
Oversight Commission on Education Accountability.

(c) The commission shall review each proposed legislative rule
and, in its discretion, may hold public hearings thereon. Such
review shall include, but not be limited to, a determination of:

(1) Whether the board has exceeded the scope of its statutory
authority in approving the proposed legislative rule;

(2) Whether the proposed legislative rule is in conformity
with the legislative intent of the statute which the rule is
intended to implement, extend, apply, interpret or make specific;

(3) Whether the proposed legislative rule conflicts with any
other provision of this code or with any other rule adopted by the
same or a different agency;

(4) Whether the proposed legislative rule is necessary to
fully accomplish the objectives of the statute under which the
proposed rule was promulgated;

(5) Whether the proposed legislative rule is reasonable,
especially as it affects the convenience of the general public or
of persons particularly affected by it;

(6) Whether the proposed legislative rule could be made less
complex or more readily understandable by the general public; and

(7) Whether the proposed legislative rule was promulgated in
compliance with the requirements of this article and with any
requirements imposed by any other provision of this code.

(d) After reviewing the legislative rule, the commission may
recommend to the board any changes needed to comply with the
legislative intent of the statute upon which the rule is based or
otherwise to modify the activity subject to the rule, or may make
any other recommendations to the board as it considers appropriate.

(e) When the board finally adopts a legislative rule, the
board shall submit to the Legislative Oversight Commission on
Education Accountability at its offices or at a regular meeting of
the commission six copies of the rule as adopted by the board. The
board, at its discretion, may meet the filing requirement contained
in this subsection by submitting the legislative rule in electronic
format to the Legislative Oversight Commission on Education
Accountability. Rules submitted electronically shall be
transmitted in a timely manner and shall be compatible with
computer applications in use by the Legislative Oversight
Commission on Education Accountability.

(f) After reviewing the legislative rule, the commission may
recommend to the Legislature any statutory changes needed to
clarify the legislative intent of the statute upon which the rule
is based or may make any other recommendations to the Legislature
as it considers appropriate.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.